The No Child Left Behind Act of 2001 requires local education agencies (LEAs) to ensure that paraprofessionals employed in programs supported with Title I, Part A funds, shall have:
Completed at least two years of study at an institution of higher education, or obtained an associate's (or higher) degree, or met a rigorous standard of quality and can demonstrate, through a formal state or local academic assessment -- knowledge of, and the ability to assist in instructing reading, writing, and mathematics (or readiness in those subject areas).
The California State Board of Education has determined that, for purposes of these requirements, "two years of study" is defined as 48 semester units; that the type of coursework for completion of those units is determined locally; and that the development or selection of an assessment also is a local decision.
Each local educational agency shall also ensure that all paraprofessionals working in programs supported with Title I, Part A funds, regardless of their hiring date, have earned a secondary school diploma or its recognized equivalent.
The following questions are ones that have been submitted to the California Department of Education for clarification. As additional frequently asked questions are submitted, they will be posted with a response on this site.
- Is the California Department of Education (CDE) planning to
develop or select one statewide assessment, or to post a list
of acceptable assessments for the NCLB paraprofessional requirements?
No, because the State Board of Education decided that the selection or development of an assessment is to be determined locally, it would not be appropriate for the CDE to do so. - Do paraprofessionals who do not work in Title I, Part A supported
programs have to meet these NCLB requirements?
No, unlike the NCLB teacher requirements, the paraprofessional requirements apply only to those paraprofessionals who assist in instruction in Title I, Part A supported programs. So, for example, if a special education instructional assistant is working in a Schoolwide Title I school, that paraprofessional would need to comply with NCLB. However, if that employee is working in either a non-Title I or a Targeted Assistance Title I school, and is not paid from Title I funds, he/she would not need to meet the NCLB requirements. - Since the California State Board of Education has ruled that
the type of coursework for the college classes shall be locally
determined, should districts specify the type of courses or
accept any or all coursework taken for either the AA degree
or the 48 semester units?
Some districts are accepting all college coursework as evidence that the paraprofessional has the skills to compete at a college level, and others are specifying that the coursework should be primarily in core academic subject areas or other courses related to assisting in instruction. The federal NCLB guidance on paraprofessional requirements states that paraprofessionals should be able to demonstrate knowledge of and the ability to assist in instructing in the areas of reading, writing, and math, or in "school readiness." Paraprofessionals are expected to have a working knowledge of these academic areas. - Can paraprofessionals hired before January 8, 2002 be "grandfathered
in" under these requirements?
There is no provision for "grandfathering" in the federal legislation. However, California Education Code section 45330 (Senate Bill 1405) does state that a paraprofessional who was hired on or before January 1, 2003, and who has previously demonstrated, through a local assessment, knowledge of, and an ability to assist in, instructing reading, writing, and mathematics, is deemed to have met the NCLB requirements. The local education agency would need to determine that the exam meets the federal requirements. If a district did not previously administer assessments at the level of rigor or with the additional component of "ability to assist in instruction" required by NCLB, there are several options. It is possible for an LEA to accept the prior basic skills proficiency assessment score (if the LEA determines that the assessment is at the appropriate level of rigor) and add a component that would assess the ability to assist in instruction. There has been much discussion about whether the "proficiency exams" used prior to NCLB would or would not be sufficient, since the NCLB requirements specifically include "the ability to assist in instruction." The original proficiency exams were intended to address basic skills proficiency at the level of high school seniors in each district. Some districts are using their proficiency exam and adding a structured observation component; others are adopting new tests that cover both subject knowledge and ability to assist in instruction. There are also commercial exams available that test subject matter knowledge and the ability to assist in instruction. - Is a paraprofessional who was employed in a non-Title I program,
but who transfers to a Title I program, considered a "new
hire" and therefore must meet the NCLB requirements upon
transferring?
No, the paraprofessional is not new to the district, and therefore would have until June of 2006 to meet the requirements. - If a preschool/Headstart program is on a school site that
operates a Title I Schoolwide program, but no Title I funding
is used to support the preschool program, and the paraprofessionals
are not serving as part of the Title I program, do they need
to meet the NCLB requirements?
The intent of the NCLB paraprofessional requirements is to ensure that all students in Title I programs receive the highest quality education possible, from their teachers and from the paraprofessionals who assist in instruction. If a preschool program is not part of the Title I program, those paraprofessionals would not fall under the specific NCLB requirements. However, the need for high quality instruction in the preschool program should be seen as no less important. - Do paraprofessionals working with students with severe handicaps,
ages 3-22 years old, who are functioning at a pre-academic level,
need to meet the NCLB requirements?
If the instruction is not in core academic subject areas and is primarily focused on personal care and life skills, the paraprofessional would not need to meet the NCLB requirements; however, there may soon be specific requirements for special education paraprofessionals under the reauthorization of Individuals with Disabilities Education Act. - Are AVID tutors, or other college or high school age tutors,
subject to these paraprofessional requirements?
Tutors are considered to be paraprofessionals who assist in instruction, so if they are paid by Title I, Part A funds at a targeted assistance school, or are employed by the LEA at a schoolwide Title I school, they need to meet the NCLB requirements. Some of them will meet the requirements by having completed an AA degree, some will have completed two years of college (48 units), and the rest will need to pass a local assessment that demonstrates their subject matter knowledge and their ability to assist in instruction. If they are employed by another agency (other than the LEA), or are volunteers, they do not have to meet the requirements. - Do library/media aides need to meet these requirements?
If the library/media aides assist in instruction in core academic areas in a Title I program, they would need to meet the NCLB paraprofessional requirements. However, if their duties were clerical or technical support, they would not be subject to the requirements. - Do bilingual teacher aides need to meet these requirements?
If the bilingual aides assist in instruction in core academic areas in a Title I program, they would need to meet the NCLB paraprofessional requirements. If their duties solely involve translation services, they would not be subject to these requirements.
